WSIB review leads to change in how injured foreign agricultural workers are treated

New strategy puts emphasis on helping people recover in Ontario, and fairly compensates people if they return to their home country 

Over 50 past claims to be re-examined  

TORONTO, May 15, 2024 /CNW/ - The Workplace Safety and Insurance Board (WSIB) announced today the completion of its foreign agricultural worker review, launched in September 2023. The review has resulted in new measures to help foreign agricultural workers recover from an injury or illness in Ontario, and to treat them fairly when they return to their home country. 

"These are some of the most vulnerable people working in Ontario today and we owe it to them to be there if they get hurt on the job," said Jeff Lang, President and CEO of the WSIB. "These are people who come to work our farms, grow our food, and contribute to our economy. If they get hurt while they do it, our responsibility does not end when they return to their home country." 

The WSIB has put in place a new Foreign Agricultural Worker Strategy that emphasizes recovery and return to work in Ontario for foreign agricultural workers. When an injured person does have to return to their home country, the WSIB is also changing how it reviews suitable work available in the job market. 

Under legislation, if someone who was injured at work cannot return to their original job but is able to return to other work, the WSIB is obligated to adjust their income replacement payments to reflect that suitable and available work.

Until now, that has been interpreted to mean work available in Ontario, even for foreign agricultural workers unable to return to the province for non-farming work. Effective immediately, that obligation is now being interpreted to mean suitable and available work in the person's home job market. 

"We took a look at this and I can't justify the interpretation that was being taken," said Lang. "I can't say to an injured farm worker who was sent back to Jamaica that we are deducting the equivalent of an Ontario salary that is impossible for them to get. It's not fair, it's as simple as that. I know that's what was happening and I'm sorry it did. We're fixing it."  

More than 50 claims filed since 2007 that received decisions based on suitable occupations in Ontario will be re-examined using this new methodology. Starting in June, the WSIB will directly contact people with a claim under review.  

"This is about doing the right thing," explained Lang. "As a first priority we're going to work with Ontario farming employers to help get more injured farm workers back to work. In cases where that is not possible and they return to their home country, we are going to treat them fairly."  

More information on the new Foreign Agricultural Worker Strategy is available on the WSIB website. 

SOURCE Workplace Safety & Insurance Board

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